DHCR Decisions
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CA 110221-RT
:
RENT ADMINISTRATOR'S
CARLOS BRADFORD DOCKET NO.: AB 130041-OM
PETITIONER :
------------------------------------X Premises: 119-37 Metropolitan Ave
Apt. 5Q
Kew Gardens, NY
ORDER AND OPINION DISMISSING PETITION FOR ADMINISTRATIVE
On October 1, 1987, the above-named petitioner filed a Petition for
Administrative Review (PAR) against an order issued on August 24, 1987.
The aforesaid Petition was not filed within 35 days after the issuance date
of the order as required by the applicable Regulations and Operational
Bulletin 84-1 which provide that a Petition for Administrative Review must
be filed within 35 days after the date such order is issued.
A review of the record indicates that a copy of the Administrator's order
was duly mailed to the petitioner-tenant. There is no indication that said
correspondence was returned to the DHCR by the U.S. Postal Service as
undelivered.
The Commissioner finds that the petitioner-tenant has failed to comply with
the requirements set forth above and that the PAR must therefore be
dismissed.
The Commissioner notes that the petitioner-tenant raises service and
overcharge complaints in the administrative appeal. This order is issued
without prejudice to the tenant's right to file a complaint of decrease in
services or an overcharge complaint if the facts so warrant.
THEREFORE, in accordance with the provisions of Chapter 403, Laws of 1983,
as amended by Chapter 102, Laws of 1984, as implemented by Operational
Bulletin 84-1, it is
ORDERED, that this Petition for Administrative Review be, and the same
hereby is, dismissed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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